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2025 DAILYLAW 34976 (KAR)

THE MANAGER v. SMT CHOWDAMMA

MFA/7400/2024 · 2025-04-25

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:17190 MFA No. 7400 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7400 OF 2024 (MV-D) BETWEEN: THE MANAGER, SHRIRAM GIC LTD., NO.5, 2ND FLOOR, MONARCH CHAMBERS, INFANTRY ROAD, BENGALURU - 560 001, NOW REP. BY SHRIRAM GIC LTD., NO. 3/5, 3RD FLOOR, S.V.ARCADE, BILKEKAHALLI MAIN ROAD, OFF. B.G. MAIN ROAD, IIMB POST, BENGALURU - 560 076. …APPELLANT (BY SRI PRADEEP B., ADVOCATE) AND: 1. SMT. CHOWDAMMA, W/O ANANDA @ ANANADAPPA, AGED ABOUT 48 YEARS, 2. ANAND @ ANANDAPPA, S/O LATE NARAYANAPPA, AGED ABOUT 50 YEARS, 3. SMT. LASKHMIDEVI, W/O VENKATESHAPPA, AGED ABOUT 58 YEARS, 4. SMT. LAKSHMAMMA @ LAKSHMAKKA, W/O LATE NARAYANAPPA, AGED ABOUT 85 YEARS, ALL ARE R/AT: YALACHEPALLI VILLGE, THAYALUR POST, MULBAGAL TALUK, KOLAR DISTRICT. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17190 MFA No. 7400 of 2024 5. SYED MATEEN, S/O SYED MAHABOOB, R/AT: SHAMEER MOHALLA, MULBAGAL TOWN, KOLAR DISTRICT, (EXPARTE). …RESPONDENTS (BY SMT. SUGUNA R. REDDY, ADVOCATE FOR R1 TO R4; VIDE ORDER DATED 17.02.2025, NOTICE TO R5 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 01.07.2024 PASSED IN MVC NO.173/2019 BY THE SENIOR CIVIL JUDGE AND JMFC, MULBAGAL. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT The appeal is filed by the appellant - Insurance Company questioning the award passed in M.V.C.No.173/2019 dated 10.07.2024, by the Senior Civil Judge and JMFC, Mulbagal and Member, MACT, whereby the Tribunal had granted an amount of Rs.21,10,000/-. 2. Learned counsel appearing for the appellant - Insurance Company submits that the compensation that is awarded by the Tribunal is on the higher side. It is submitted - 3 - NC: 2025:KHC:17190 MFA No. 7400 of 2024 that the interest granted by the Tribunal at 9% p.a., is on the higher side. 3. Learned counsel for respondents submits that the Tribunal has rightly granted the compensation and there is no grounds to interfere with the same. 4. Having heard the learned counsels on either side, perused the entire material on record. This Court has perused the order passed by the Tribunal and the Tribunal has granted just and reasonable compensation. Hence, there is no grounds to interfere with the same. However, the interest is concerned, the same is reduced from 9% to 6%. 5. Accordingly, the appeal is partly allowed by reducing the interest from 9% p.a. to 6% p.a. i) The compensation amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) Amount in deposit shall be forthwith transferred to the Tribunal. iii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the judgment passed by this Court forthwith without any delay. iv) No costs. - 4 - NC: 2025:KHC:17190 MFA No. 7400 of 2024 v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE CPN CT: BHK